Product liability is the legal area that looks at injuries caused by defective products. If you've been injured by a defective product, you may be able to file a product liability lawsuit against the manufacturer, distributor, or retailer of the product.
If you've been injured by a defective product, it's important to understand your legal options so that you can get the compensation you deserve. Read on to learn more about product liability law and how it can help victims of defective products.
What Is Product Liability?
Product liability refers to the legal responsibility a manufacturer or seller of a product holds for damages that are caused as a result of the use of their product. There is an implied duty for businesses to create and supply safe products to consumers, and when this duty is breached it may be negligence.
There are three main types of defects: design defects, manufacturing defects, and warnings and instructions defects:
- Design defects are those that are present before the product ever goes through the production stage.
- Manufacturing defects occur during the production phase and may involve using the wrong materials.
- Warning and instructional defects occur when the manufacturer does not include safety instructions or hazard warnings.
Those who suffer harm from dangerous or defective products have the right to seek legal recourse, such as filing a lawsuit against the responsible parties and being compensated for any losses generated by such a product. It is important that victims have appropriate knowledge of their rights, so they can take all necessary steps in order to get justice.
Types of Product Liability Cases
Product liability is a legal concept that holds manufacturers, designers, and sellers of products responsible when a consumer is injured or becomes ill due to a defect in the product they purchased.
There are three main types of product liability cases: strict liability, negligence, and breach of warranty lawsuits:
- Strict liability involves proving that a product was defective in design or manufacturing and that the defect caused injury or illness.
- Negligence claims involve proving that the manufacturer failed to use reasonable care in designing, producing, or selling the product.
- Breach of warranty claims require consumers to prove that the maker breached either an express (spoken or written) or implied warranty by delivering a dangerous product.
Each type of product liability case requires different levels of evidence for victims to be successful in court. Therefore, it’s important for those affected by dangerous products to seek out legal advice so they understand their rights and are able to build their case accordingly.
Navigating a product liability case can be a daunting process. Knowing the extent of your rights and understanding the nuances of negligence law can help in determining what recourse, if any, you may have against the perpetrator. With this in mind, victims may opt to pursue restitution through a civil lawsuit alleging both negligence and liability depending on the type of case.
In most cases involving product liability, punitive damages may also be included to further punish those responsible for the harm caused. It is essential to engage qualified legal counsel when seeking out any form of litigative action as they can provide guidance on ways to seek justice within relevant jurisdictional statutes. In order to win a product liability case, you must prove that the product was defective and that the defect caused your injury.
Knowing the difference between these three types of product liability cases is critical for injured consumers who want to seek legal recourse. If you or somebody you know has been injured by a defective product, reach out to an experienced attorney to discuss your legal options and whether you may have grounds for a claim.
Have you or a loved one been hurt due to product liability or negligence? Contact Nichols Dixon PLLC today.